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As it happenedended

Brexit legal challenge live: British citizens will lose rights through EU withdrawal, Supreme Court told

A third day of arguments has been made in the Brexit Supreme Court appeal

Siobhan Fenton
London
Wednesday 07 December 2016 05:22 EST
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Brexit at the supreme court: Day Three

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Gina Miller's legal representative has outlining the case against the Government in day three of the four day Supreme Court appeal on Brexit.

Lord Pannick QC represented Ms Miller and told the court Theresa May does not have sufficient authority to trigger Article 50 and instead the case must go to MPs.

Representing fello claimant Deir Dos Santos, a hairdresser born in Brazil, QC Dominic Chambers told the court only parliament has the power to take away British citizens' rights, which EU withdrawal would inevitably do.

The court was also told both Scotland and Northern Ireland must approve triggering Article 50 before the Government does so. A majority of people in Scotland (62 per cent) and Northern Ireland (56 per cent) voted to Remain.

The day before, while the court was sitting, Ms May announced during a visit to the Gulf that she will reveal her Brexit plans before triggering Article 50, in what appears to be a signifcant U-turn on her previous position.

Catch up on everything that happened in court today:

The Prime Minister has previously said she plans to trigger Article 50 by the end of this Spring.

If MPs are entitled to vote on Article 50, it could delay Brexit considerably or ensure it is a 'soft Brexit' rather than a 'hard Brexit' as politicians could insist protectionist clauses are inserted before EU withdrawal.

The Supreme Court case is expected to last four days.

A judgment is anticipated for early in the new year.

Triggering Article 50 "would not be done on a whim", but is "the logical conclusion" of the referendum- Attorney General

Siobhan Fenton5 December 2016 11:22

"Parliament can show sovereignty when it choses not to act, as much as when it choses to act" Attorney General

Siobhan Fenton5 December 2016 11:23

Foreign affairs prerogative is "not an ancient relic but a modern necessity"- Attorney General

Siobhan Fenton5 December 2016 11:25

James Eadie QC now addressing court to make Govt's case. Says UK's position on executive power vs legislative power is not unique...

Siobhan Fenton5 December 2016 11:35

... as many others have similar processes on ratification and making treaties.

Siobhan Fenton5 December 2016 11:36

Some horse racing banter from the govt's lawyer which has fallen rather flat in court twitter.com/AdamWagner1/st…

Siobhan Fenton5 December 2016 11:40

Eadie suggests parliament could pass legislation to limit prerogative powers but has not done so

Siobhan Fenton5 December 2016 11:42

..."The UK is a dualist system.. treaties are not self-executing, they do not automatically become part of domestic law when made"

Siobhan Fenton5 December 2016 11:49

In the first hour of the Supreme Court appeal on Brexit:Men have spoken for 59 mins 25 secondsWomen have spoken for 35 seconds

Siobhan Fenton5 December 2016 12:11

The 35 seconds has been Lady Hale asking questions about page references

Siobhan Fenton5 December 2016 12:14

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